Section 512

Citation: Section 512
Parent Document: K.O. Real Estate, LLC v. O'Toole, 291 S.W.3d 780 (2009)
Jurisdiction: Missouri (state)
Effective Date: 2009-06-23
Original Source: https://www.courtlistener.com/opinion/1652656/ko-real-estate-llc-v-otoole/ ↗

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238 S.W.3d 157, 166 (Mo.App. E.D. 2007). Whether K.O.’s actions were taken as the owner of the Subject Property or as the agent of the owner has no relevance to Defendant’s defense of the claim for rent and possession. There is evidence that K.O. never identified itself as the owner of the property, but only as the lessor. Defendant had notice on the day he signed the lease that K.O. was the lessor. K.O. signed the lease as lessor. The lease was attached as part of the pleadings. While Defendant reasonably may have believed that K.O. was also the owner of the property given the lease language in Paragraph 21.6, whether K.O. was suing him as owner or agent of the owner did not affect Defendant’s liability. Defendant testified that he signed the lease and performed under the lease from 2006 to part of 2008. Given the entirety of the facts before us as evidenced by the record, we do not find that the judgment entered by the trial court varied from the pleadings. Defendant’s Point IV is denied. *793 Point V — Final Judgment

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